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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. VNO 0446920, VNO 0446922
Regular
Feb 28, 2008

Doris Ticsay vs. COUNTY OF LOS ANGELES/ DEPARTMENT OF SOCIAL SERVICES

The Workers' Compensation Appeals Board granted reconsideration for Doris Ticsay, rescinding a previous order that found no industrial injury to her upper extremities, knees, and headaches. This decision stems from Ticsay's assertion that the Agreed Medical Examiner's report, which formed the basis of the prior ruling, contained factual inaccuracies regarding the x-rays of her knees. The Board is remanding the case to allow Ticsay to obtain a further evaluation with the Agreed Medical Examiner to clarify these discrepancies and issue a new report.

Workers' Compensation Appeals BoardDoris TicsayCounty of Los AngelesDepartment of Social Servicesindustrial injurynew and further disabilityAgreed Medical ExaminerDr. Bernard Coopermanknee x-rayserroneous record
References
1
Case No. 2020 NY Slip Op 04524 [186 AD3d 23]
Regular Panel Decision
Aug 13, 2020

Matter of Doris

The Attorney Grievance Committee (AGC) initiated a disciplinary proceeding against attorney Lawrence A. Doris following client complaints of professional misconduct, including failure to file a personal injury case and lack of communication. Despite numerous attempts by the AGC through letters, emails, and a judicial subpoena, Mr. Doris failed to respond to the allegations or appear for a deposition. The AGC subsequently moved for his immediate suspension from the practice of law due to his willful noncompliance and failure to cooperate with their investigation. The Appellate Division, First Department, granted the AGC's motion, finding that Mr. Doris's conduct warranted immediate suspension. This decision underscores the importance of attorney cooperation in disciplinary matters and protection of the public interest.

Attorney disciplineProfessional misconductNoncooperation with investigationImmediate suspensionGrievance CommitteeClient complaintFailure to communicateJudicial subpoenaPublic interest threatAppellate Division
References
6
Case No. ADJ1528926 (LBO 0378215)
Regular
Jul 02, 2012

DORIS SIMPSON vs. ORC MACRO, LIBERTY MUTUAL ORANGE

The Workers' Compensation Appeals Board granted reconsideration and rescinded a prior award of back surgery for applicant Doris Simpson. The Board found the Agreed Medical Examiner's (AME) opinion regarding industrial causation for the surgery was inadequately explained. The case is returned to the trial level for further medical development, specifically to clarify whether the 2006 industrial injury contributed to the applicant's need for the surgery. The applicant has a history of prior lumbar surgeries and pre-existing degenerative conditions.

Workers' Compensation Appeals BoardDORIS SIMPSONORC MACROLIBERTY MUTUAL ORANGEADJ1528926LBO 0378215OPINION AND ORDER GRANTING RECONSIDERATIONDECISION AFTER RECONSIDERATIONPrimary Treating PhysicianDr. Mudiyam
References
2
Case No. MISSING
Regular Panel Decision

Buchanan v. Scoville

Petitioner Doris G. B. Buchanan sustained a neck injury in a 1989 automobile accident during her employment. She later settled a third-party negligence action for $15,000 without informing ITT Hartford Insurance Company, her employer's carrier. The Workers' Compensation Board ruled she forfeited future benefits due to non-compliance with Workers’ Compensation Law § 29 (5). Buchanan sought nunc pro tunc approval from the Supreme Court, which was dismissed as untimely. The Appellate Court reversed this dismissal, holding that delay alone is insufficient for dismissal and the insurer must demonstrate prejudice. The case was remitted to Supreme Court to determine if the settlement terms were reasonable and if ITT Hartford was prejudiced.

Workers' CompensationThird-Party SettlementNunc Pro TuncPrejudiceTimelinessAppellate ReviewRemittalInsurance Carrier LiabilityWorkers’ Compensation Law § 29 (5)Permanent Disability
References
6
Case No. ADJ9613485
Regular
Jan 03, 2015

DORIS GONZALES vs. HARBOR FREIGHT TOOLS, SAFETY NATIONAL INSURANCE CO.

The Workers' Compensation Appeals Board denied Doris Gonzales's Petition for Removal to rescind an order continuing her case to trial. Gonzales argued she hadn't completed discovery regarding her admitted psyche injury's permanent and stationary status and a newly diagnosed condition, fibromyalgia. The majority found her petition did not demonstrate substantial prejudice or irreparable harm, rendering removal an inappropriate remedy. Commissioner Sweeney dissented, believing further discovery was necessary and the trial date premature, especially concerning the un-evaluated psyche injury.

Petition for RemovalPsyche InjuryFibromyalgiaPermanent and Stationary StatusDiscoveryWorkers' Compensation Appeals BoardAdministrative Law JudgeMandatory Settlement ConferenceDue DiligencePremature Trial
References
0
Case No. ADJ3332026 (OAK 0323707)
Regular
Aug 06, 2010

DORI HAMILL vs. MARTINEZ UNIFIED SCHOOL DISTRICT, Permissibly Self-Insured

This case involves Dori Hamill's workers' compensation claim against Martinez Unified School District for a complex regional pain syndrome injury to her left lower extremity, resulting in 100% permanent disability. The Appeals Board denied the applicant's request for removal and reconsideration but granted the defendant's reconsideration. The Board deferred the issue of attorney fees, finding the original award calculation by the WCJ was insufficient. The matter was returned to the trial level for further proceedings to determine a reasonable attorney fee based on established legal criteria.

Petition for RemovalPetition for ReconsiderationFindings and Awardindustrial injurycomplex regional pain syndrometemporary disability indemnitypermanent disability indemnitypermanent and stationaryapportionmentattorney's fees
References
4
Case No. ADJ4420203 (SAL 0108544)
Regular
Apr 22, 2015

DORIS NOBLE vs. VEC FARMS, LLC, STATE COMPENSATION INSURANCE FUND

This case involves Doris Noble's workers' compensation claim for a bilateral knee injury. The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, upholding the Administrative Law Judge's (WCJ) finding of 100% permanent total disability. This decision relied heavily on the agreed medical evaluator's opinion and the vocational expert's assessment that the applicant's chronic pain, medication, and severe physical limitations rendered her unable to benefit from vocational rehabilitation. The Board also admonished the defense attorney for improperly citing an unpublished case.

Workers' Compensation Appeals BoardPetition for ReconsiderationAgreed Medical EvaluatorPermanent Total DisabilityVocational ExpertFuture Earning CapacitySheltered WorkshopOrthopedic InjuriesChronic Pain SyndromeMedication Intake
References
2
Case No. MISSING
Regular Panel Decision

Brownley v. Doar

Doris Brownley and Janee Nelson, single mothers receiving Safety Net Assistance (SNA), sought a preliminary injunction to prevent their evictions, arguing the New York State Office of Temporary and Disability Assistance (OTDA) provided inadequate shelter allowances. They contended that Social Services Law § 159 incorporates the adequacy requirements of § 350 (1) (a) for families with children. The court denied OTDA's cross-motion to dismiss, ruling that plaintiffs had standing and were not required to exhaust administrative remedies due to the futility and risk of irreparable harm. Finding a likelihood of success on the merits, irreparable harm including potential homelessness and foster care for children, and a favorable balance of equities, the court granted the preliminary injunction, allowing the plaintiffs and their children to remain in their homes.

Shelter allowanceSafety Net AssistancePreliminary injunctionEviction preventionSocial Services LawHousing inadequacyPublic assistanceFamilies with childrenStandingAdministrative remedies
References
23
Case No. MISSING
Regular Panel Decision

Rivers v. AT&T Technologies, Inc.

Nelly Doris Medina died from toxemia complications during pregnancy, allegedly due to workplace exposure to dimethylformamide (DMF) and negligent medical care. Her estate's administrator sued E.I. DuPont de Nemours and Company (DuPont), a bulk supplier of DMF, among other manufacturers, the employer, and medical providers. DuPont sought summary judgment, arguing it fulfilled its duty to warn by informing sophisticated intermediaries and lacked control over the altered product. Separately, New York City Health & Hospitals Corporation (NYCHHC) moved to dismiss a pain and suffering claim based on an untimely notice. The court granted DuPont's motion, affirming the bulk supplier doctrine, and denied NYCHHC's motion, ruling the notice of claim was timely given the appointment delay and lack of prejudice.

Bulk Supplier DoctrineDuty to WarnProduct LiabilityChemical ExposureWrongful DeathSummary JudgmentNotice of ClaimSophisticated UserIntermediary DoctrineToxic Tort
References
14
Case No. MISSING
Regular Panel Decision
Nov 18, 1987

In Re the Complaint of DFDS Seaways (Bahamas) Ltd.

The case concerns claims brought by Doris Hettiger and Harold Lavoie, parents of Colleen Skantar, who died in a fire on the M/V Scandinavian Sun in Fort Lauderdale in 1984. The defendant shipowner moved to dismiss their claims for damages. The court examined whether these claims were permissible under general maritime law, supplemented by either the Florida Wrongful Death Act or the Death on the High Seas Act (DOHSA). The court ruled that Harold Lavoie, as a non-dependent parent of an adult child with a surviving spouse, could not recover for 'loss of society' under general maritime law. However, Doris Hettiger's claim for 'loss of services,' characterized as pecuniary loss due to her daughter's free labor in her butcher shop, was deemed potentially compensable, provided dependency could be proven at the time of death. The motion to dismiss was granted for Harold Lavoie but denied for Doris Hettiger, with an evidentiary hearing scheduled for her claim.

Admiralty lawMaritime lawWrongful deathLoss of servicesLoss of societyParental claimsDependencyFlorida Wrongful Death ActDeath on the High Seas ActPecuniary loss
References
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